Bhopal: Weeks after the BJP-led governments in Karnataka and Haryana said that they were contemplating legal actions against ‘Love Jihad’, Madhya Pradesh home minister Narottam Mishra on Tuesday said that their government would soon bring in a law to “tackle the problem.”
‘Love Jihad’ is a term coined by Hindu rightwing outfits opposing inter-faith marriages.
A bill may be brought in the next assembly session itself to tackle ‘Love Jihad’, Mishra said. “There will be provision for rigorous imprisonment,” he added. “Cases will be registered under non-bailable sections…The collaborator will also be the culprit like the main accused.”
For voluntary conversion for marriage, he said that it will be mandatory to apply with the collector a month in advance.
Earlier, chief minister Shivraj Singh Chouhan had hinted at bringing in new legislation against the same. “Jihad will not be permitted in the name of love at any cost in the state. Necessary legal provisions will be made against Love Jihad,” he had said.
Along with Karnataka chief minister BS Yediyurappa, Haryana home minister Anil Vij said that their governments are considering enacting similar laws, with a focus on “forced religious conversions.”
Will these laws be invalid?
The Indian Constitution, under Article 21, guarantees the citizen a right to marry a person of their choice. Article 25 of the Constitution too guarantees the freedom to profess, practice, and propagate religion subject to public order, morality, and health. The laws, thus, unless specifically mentioned, could be deemed invalid.
Several courts, including the Kerala High Court in a case involving inter-faith marriage, have upheld this view.
In February this year, the Central government had told Parliament that the term ‘Love Jihad’ is not defined under any existing law and no case has been reported by any central agency.